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(영문) 의정부지방법원 2018.06.19 2017고단3527

개발제한구역의지정및관리에관한특별조치법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No one shall construct any building, alter the use of any building, install any structure, change the form and quality of land, store goods, etc. without obtaining permission from the competent authority in a zone subject to development restriction or in violation of any terms and conditions of permission granted by the competent authority.

Nevertheless, the Defendant, without obtaining permission from the competent authorities from around August 2012 to around August 2017, he/she he/she he/she he/she he/she accumulated concrete on the land in the Guri-si, Si, D, E, and F, which is the land within the development restriction zone, and changed the form and quality of the land in the area of approximately 2,48 square meters in aggregate of the land in D, E, and F, the land category of which is the whole land category.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. On-site photographs and photographs of illegal status;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 32 subparag. 1 and Article 12 subparag. 1 of the Act on Special Measures for the Determination and Management of Areas subject to Restriction on Development of Relevant Articles 32 and 12 subparag. 1 of the Act on Special Measures for Criminal Facts, and Selection of

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reasons for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the Defendant repeated the instant crime even before and after the same offense was committed; and (b) the form and quality of the instant crime was altered.

However, the punishment shall be determined by comprehensively taking into account the violation of the crime of this case, the restoration of the original state, the fact that there is no criminal record of the same kind of probation or higher, and the fact that the defendant is old.